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Explanatory Memorandum to Criminal Justice (Evidence) (Northern Ireland) Order 2004

Statements and matters stated

36.Article 19 defines the type of statement which will be covered by Part III. A statement is one to which this Part applies if it is the purpose of the person making the statement to :

  • cause the hearer to believe that the matter stated is true or to act on the basis that it is true; or

  • cause a machine to operate on the basis that the matter is as stated.

37.Article 19 therefore, changes the common law position and will not prevent the admission of such implied assertions on the basis of the hearsay rule.

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